The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-08-03
One Republican Stands With the Democrats
IN the Gases Of ALI Dsisndanta
How the Thirteen Ballots We're Taken and
the Result Of Each.
A Unanimous Belief Expressed as to the
Innocence Of Rsardun and C,unsslmin.
Judge Woods Does Not Consent to an
Incomplete Verdict and Discharges
the Jury without Remarks.

AS was predicted by nearly every
body. the Jury in the celebrated
conspiracy case failed to agree,
noon Charles W..Anderson,l of Cas- county,
the foreman. waited upon Judge Woods
and informed him that it would be impos-
sible for the jury to agree and asked
what should be done. At the
same time MIR. Anderson told
the Judge that the Jury had agreed on the
acquittal of John Reardon and John H.
Counselman, and asked If verdict as to
Them could be returned. The jurors say
Judge Woods refused to make any reply
to this question of the foreman, aud IN
consequence no verdict was rendered as to
them.
After Foreman Anderson returned to the
jury room Judge Woods held a long consul
tation with District Attorney Sellers,
in the latter's Office. AT 5 o'clock Hon.
@. F. McNutt, of counsel for the defend
ants, was sent for aud the judge informed
him that he had concluded to discharge
the jury, as he considered it useless to
keep them confined any longer.
There had been q large crowd about the
postofice all day waiting for some word
from the jury, and when Mr..
McNutt was seen to hurriedly
enter the building quite a number
followed him in. Mr.. McNutt immedi-
ately gave his consent to the Jury's dis
charge and he, with the district attorney
and the Judge, walked into the courtroom
and the jurors took their seats in the jury
box.
Judge Woods addressed the Jury and
said be understood that they could not
agree. There was general nod
in the affirmative. He then
asked eacn one the same question,
l. A. 4
effect that they could not agree. The
Judge after expressing his regret that they
were unable to agree discharged them from
further service.
OF the defendants only Simeon Coy aad
John Z Sullivan were present and Mr..
McNutt was the only one OF their counsel
that was there. Mr.. Brown had gone
homs and II. Bynum was at the ball
game.
As soon as the jury separated, it was
learned that there was no agreement on
any proposition, except as to the inno-
cence of Reardon and Counselman. On
Friday night, shortly after the Jury
retired two ballots were taken as to wheth-
er there had been any conspiracy or not.
This resulted in seven nays and five yeas.
No other vote was taken until
when the cases of the defendants
were taken up separately. Coy's was con-
sidered first, and the vote as to his guilt
resulted, eight nays and 70 r yeas, and
this was the vote as 10 several others
of the defendants:
Simeon Coy-Eight for acquittal; four
for conviction.
W. F. A. Bernhamer-Six for acquittal;
SIX Tor conviction.
Stephen ]. Mattler-Nine for acquittal;
three for conviction.
John z. Sullivan-Nine for acquittal;
three for conviction.
George W. Budd-Eight for acquittal;
four for conviction
c. n. Metcalf-Ten for acquittaI; two for
conviction.
Albert T. Beethoven for acquittal;
one for conviction
Henry spaan-Eight for acquittal; four
for conviction.
HOW THEY AGREED To DISAGREE.
The Jurors got up bright and early yes
ferday morning and began baIloting on
Mr.. Coy's case at o'clock. It was evil
dent from the start that there would be no
agreement in his case, for although SAM
uel Nicholson, q Republican, voted Tor his
acquittal, the foreman, Charles w. An
deIson, e Greenbacker, voted guilty.
From the time the first ballot was taken
it was evident that the Democrats pro,
posed to stand together aud they stood
united In this determination to the
last. VIM. II. Fulvider, of
Columbus, who was made secretary of the
Jury and Willard s. Bowen, OF Llporte,
did most of the talking on the Demo-
cratic side. Said one of the Jurors Of Mr..
Fulvlder: He is q good man and a
staunch Democrat and never saw al C IN
vincing talker on jury as he proved to
posted and he was reliable. In
fact all Of the Democrats stood together
like a stone wall, exceDt in sim
gle instance, that John F. Hunt, OF
Vermillion County. in the case OF Mr.. Bern
banner. It is understood however that If au-
other ballot had been taken, Mr.. Huat and
Mr.. Anderson, the Gleenbacker, would have
voted for bis acquittal-
For the Republicans, George w. King,
of Bartholomew County, did the talking
and it is said he was controlled entirely by
party pref udices. he was the only juror
that refused to vote for Mr..
Beck's acquittal. Ezra Wood, Of Mad.
ison, Jefferson County, was also very
bitter sgainst some OF the defendants, and
at one time said, Il would sooner have my
right erm cut of than to 90 home, If
should vote for the acquittal of all these
defendants." He, however. refused to vo Il
for the conviction Of Mr.. Beck.
In the case of DR.. G. n. Metcalf only
King and Wood voted for conviction, while
all Of the Democrats and ]. II. Fear, Of
Upton, and Samuel Nicholson, Republic
cans, and Foreman Anderson, Greenbscker
voted for scquittal.
Two ballots were taken in regard
TO Stephen Matter. The first re-
suited eight for acquittal and four for con
viction, but after a short discussion as Il
the testimony against him, Mr. Ander
changed his vote to not guilty, leaving
only Messrs. Fear. Wood and King votinl
for conviction. These same jurors wer,
alone in voting guilty in the case of JohI
E. Sullivan. and Mr.. Fear was half inclined
to vote for acquittal.
The only ballot taken in George w
Budd's case, found Mr.. Anderson votin.
with the Democrats for acquittal, while
the four Republicans presented for thu
first and only time solid front for con
Yiction.
1t is said that the reason one Democra
went back on Mr.. Bernhamer on the frs
ballot was he failed to introduce an,
character witnesses. This must have beer
the cause. as there was 10 direct testimony
produced against him on the trial.
1--WE had the hottest time in considering
Mr. gnaau'a case aaid a iQrof "In,